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Code · BILL · 117th Congress · H.R. 4521 (Placed on Calendar Senate) — To provide for a coordinated Federal research initiative to ensure continued United States leadership in engineering... · Sec. 90305

Sec. 90305. Eliminating short-term education loan programs; job training Federal Pell grants; technical corrections

3,624 words·~16 min read·/bill/117/hr/4521/pcs/section-90305

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Section 481(b) of the Higher Education Act of 1965 ( 20 U.S.C. 1088(b) ) is amended by adding at the end the following: The Secretary shall eliminate the short-term education loan program, as authorized under paragraph (2), on the date that is 120 days after the date the Secretary establishes the application for Job Training Federal Pell Grants under section 401(k). . Section 481(d) of the Higher Education Act of 1965 ( 20 U.S.C. 1088(d) ) is amended— in paragraph (4)— in subparagraph (A), by striking under section 12301(a), 12301(g), 12302, 12304, or 12306 of title 10, United States Code, or any retired member of an Armed Force ordered to active duty under section 688 of such title, and inserting , or any retired member of an Armed Force ordered to active duty, ; and in subparagraph (B), by striking an Armed Force and inserting a Uniformed Service ; and in paragraph (5), by striking and supported by Federal funds .
Section 401 of the Higher Education Act of 1965 ( 20 U.S.C. 1070a ), as amended by section 703 of the FAFSA Simplification Act (title VII of division FF of Public Law 116–260 ), is amended by adding at the end the following: In this subsection: The term career and technical education has the meaning given the term in section 3 of the Carl D. Perkins Career and Technical Education Act. The term eligible job training program means a career and technical education program at an eligible institution of higher education that— provides not less than 150, and not more than 600, clock hours of instructional time over a period of not less than 8 weeks and not more than 15 weeks; provides training aligned with the requirements of high-skill, high-wage, or in-demand industry sectors or occupations in the State or local area in which the job training program is provided, as determined by— a State board or local board; a State plan, as described in section 122(d)(13)(C) of the Carl D.
Perkins Career and Technical Education Act of 2006; or a comprehensive local needs assessment, as described in section 134(c) of the Carl D. Perkins Career and Technical Education Act of 2006; is a program— provided through an eligible training provider, as described under section 122(d) of the Workforce Innovation and Opportunity Act; and subject to the reporting requirements of section 116(d)(4) of the Workforce Innovation and Opportunity Act, or would be subject to such requirements except for a waiver issued to a State under section 189(i) of the Workforce Innovation and Opportunity Act; provides a student, upon completion of the program, with a recognized postsecondary credential that is stackable and portable across multiple employers and geographical areas; not later than 1 year after the date the program has been approved as an eligible job training program under this subsection, has demonstrated that students who complete the program receive a median increase of 20 percent of total earnings as compared to total earnings of such students prior to enrolling in such program, in accordance with paragraph (2); publishes prominently on the website of the institution, and provides a written disclosure to each prospective student prior to entering into an enrollment agreement for such program (which each such student shall confirm receiving through a written affirmation prior to entering such enrollment agreement) containing, at a minimum, the following information calculated, as applicable, in accordance with paragraph (8)— the required tuition and fees of the program; the difference between required tuition and fees described in item
(aa)and any grant aid (which does not need to be repaid) provided to the student; the completion rate of the program; the employment rates of students who complete the program, measured at approximately 6 months and 1 year, respectively, after completion of the program; total earnings of students who complete the program, calculated based on earnings approximately 6 months after completion of the program; total earnings of students who do not complete the program, calculated based on earnings approximately 6 months after ceasing enrollment in the program; the ratio of the amount that is the difference between required tuition and fees and any grant aid provided to the student described in item
(bb)to the total earnings of students described in item
(ee); an explanation, in clear and plain language that shall be specified by the Secretary, of the ratio described in item (gg); and in the case of a job training program that prepares students for a professional license or certification exam, the share of such students who pass such exams; has been determined by the eligible institution of higher education (after validation of that determination by an industry or sector partnership or State board or local board) to provide academic content, an amount of instructional time, competencies, and a recognized postsecondary credential that are sufficient to— meet the hiring requirements of potential employers in the sectors or occupations described in subclause (II); and satisfy any applicable educational prerequisite requirement for professional licensure or certification, so that a student who completes the program and seeks employment is qualified to take any relevant licensure or certifications examinations that are needed to practice or find employment in such sectors or occupations that the program prepares students to enter; has been in operation for not less than 1 year prior to becoming an eligible job training program under this subsection; does not exceed by more than 50 percent the minimum number of clock hours required by a State to receive a professional license or certification in the State, if the State has established such a requirement; prepares students to pursue one or more related certificate or degree programs at an institution of higher education (as defined in section 101) or a postsecondary vocational institution (as defined in section 102(c)), including— by ensuring the acceptability of the credits received under the job training program toward meeting such certificate or degree program requirements (such as through an articulation agreement as defined in section 486A); and by ensuring that a student who completes noncredit coursework in the job training program, upon completion of the job training program and enrollment in such a related certificate or degree program, will receive academic credit for such noncredit coursework that will be accepted toward meeting such certificate or degree program requirements; is not offered exclusively through distance education or a correspondence course, except as determined by the Secretary to be necessary, on a temporary basis, in connection with a— major disaster or emergency declared by the President under section 401 or 501 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170 and 5191); or national emergency declared by the President under section 201 of the National Emergencies Act ( 50 U.S.C. 1601 et seq. ); is provided not less than 50 percent directly by the eligible institution of higher education; includes counseling for students to— support each such student in achieving the student’s education and career goals; and ensure that each such student receives information on— the sectors or occupations described in subclause
(II)for which the job training program provides training (including the total earnings of students who have completed the program and are employed in such sectors or occupations, calculated based on earnings approximately 6 months after completion of the program)); the related certificate or degree programs described in subclause
(X)for which the job training program provides preparation; and other sources of financial aid or other assistance for any component of the student’s cost of attendance (as defined in section 472); meets requirements that are applicable to a program of training to prepare students for gainful employment in a recognized occupation; may include integrated education and training; and may be offered as part of a program that— meets the requirements of section 484(d)(2); is part of a career pathway, as defined in section 3 of the Workforce Innovation and Opportunity Act; and is aligned to a program of study, as defined in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006. In the case of a program that is seeking to establish initial eligibility as an eligible job training program under this subparagraph, the Secretary shall make a determination whether the program meets the requirements of this subparagraph not more than 120 days after the date on which such program is submitted for consideration as an eligible job training program. If the Secretary determines the program meets the requirements of this paragraph, the Secretary shall grant an initial period of approval of 2 years. An eligible job training program that desires to continue eligibility as an eligible job training program after the period of initial approval described in clause (ii), or the subsequent period described in this clause, shall submit a renewal application to the Secretary (with such information as the Secretary may require), not more than 270 days and not less than 180 days before the end of the previous approval period. If the Secretary determines the program meets such requirements, the Secretary shall grant another period of approval for 3 years. The Secretary shall periodically review a program previously approved under clause
(ii)or
(iii)to determine whether such program is meeting the requirements of an eligible job training program described in this subsection. If at any time the Secretary determines that a program previously approved under clause
(ii)or
(iii)is no longer meeting any of the requirements of an eligible job training program described in this subsection, the Secretary— shall deny a subsequent renewal of approval in accordance with clause
(iii)for such program after the expiration of the approval period; may withdraw approval for such program before the expiration of the approval period; shall ensure students who enrolled in such programs have access to transcripts for completed coursework without a fee or monetary charge and without regard to any balance owed to the institution; and shall prohibit such program and any substantially similar program, from being considered an eligible job training described in this subsection for a period of not less than 5 years. The Secretary shall not determine that a program is an eligible job training program in accordance with clause
(ii)unless the Secretary receives a certification from the State board representing the State in which the eligible job training program is provided, containing an assurance that the program meets the requirements of subclauses (II), (III), and
(IX)of clause (i). For the purposes of this subsection, the term total earnings means the median annualized earnings, calculated using earnings for a pay period, month, quarter, or other time period deemed appropriate by the Secretary. For the purposes of this subsection, the term eligible institution of higher education means an institution of higher education (as defined in section 101) or a postsecondary vocational institution (as defined in section 102(c)) that— is approved by an accrediting agency or association that meets the requirements of section 496(a)(4)(C); has not been a proprietary institution of higher education, as defined in section 102(b), within the previous 3 years; and has not been subject, during any of the preceding 5 years, to— any suspension, emergency action, or termination of programs under this title; any adverse action by the institution’s accrediting agency or association; or any action by the State to revoke a license or other authority to operate. The terms industry or sector partnership , in-demand industry sector or occupation , recognized postsecondary credential , local board , and State board have the meanings given such terms in section 3 of the Workforce Innovation and Opportunity Act. Subject to subparagraph (B), as a condition of participation under this subsection, the Secretary shall, using the data collected under paragraph
(8)and such other information as the Secretary may require, determine whether such job training program meets the requirements of paragraph (1)(B)(i)(V) with respect to whether the students who complete the program receive a median increase of 20 percent of such students’ total earnings. For the purposes of this paragraph, the Secretary shall determine such percentage increase by calculating the difference between— the total earnings of students who enroll in such program, calculated based on earnings approximately 6 months prior to enrollment; and the total earnings of students who complete such program, calculated based on earnings approximately 6 months after completing such program. The requirement under this paragraph shall take effect beginning on the date that is 1 year after the date the program has been approved as an eligible job training program under this subsection. The Secretary’s determination under paragraph
(2)may include an appeals process to permit job training programs to submit alternate earnings data (which may include discretionary earnings data or total earnings data), provided that such data are statistically rigorous, accurate, comparable, and representative of students who enroll in or complete the program, or both, as applicable. For the award year beginning on July 1, 2024, and each subsequent award year, the Secretary shall award Federal Pell Grants to students in eligible job training programs (referred to as a job training Federal Pell Grant ). Each eligible job training Federal Pell Grant awarded under this subsection shall have the same terms and conditions, and be awarded in the same manner, as other Federal Pell Grants awarded under subsection (b), except a student who is eligible to receive a job training Federal Pell Grant under this subsection is a student who— has not yet attained a postbaccalaureate degree; is enrolled, or accepted for enrollment, in an eligible job training program at an eligible institution of higher education; and meets all other eligibility requirements for a Federal Pell Grant (except with respect to the type of program of study, as provided in subparagraph (B)). The amount of a job training Federal Pell Grant for an eligible student shall be determined under subsection (b), except that a student who is eligible for less than the minimum Federal Pell Grant because the eligible job training program is less than an academic year (in clock-hours and weeks of instructional time) may still be eligible for a Federal Pell Grant. Any period during which a student receives a job training Federal Pell Grant under this subsection shall be included in calculating the student’s period of eligibility for Federal Pell Grants under subsection (d), and the eligibility requirements regarding students who are enrolled in an undergraduate program on less than a full-time basis shall similarly apply to students who are enrolled in an eligible job training program at an eligible institution of higher education on less than a full-time basis. No student may for the same payment period receive both a job training Federal Pell Grant under this subsection and a Federal Pell Grant under this section. The Secretary shall coordinate and enter into a data sharing agreement with the Secretary of Labor to ensure access to data necessary to implement this paragraph that is not otherwise available to the Secretary under section 132(l), as amended by section 90306 of the America COMPETES Act of 2022 , including such data related to indicators of performance collected under section 116 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3141 ). Except as provided under subparagraph (C), using the postsecondary student data system established under section 132(l) or a successor system (whichever includes the most recent data) to the greatest extent practicable to streamline reporting requirements and minimize reporting burdens, an in coordination with the National Center for Education Statistics, the Secretary of Labor, and each institution of higher education offering an eligible job training program for which the Secretary awards job training Federal Pell Grants under this subsection, the Secretary shall, on at least an annual basis, collect and publish data with respect to each such eligible job training program, including, at a minimum, the following: The number and demographics of students who enroll in the program, disaggregated by— gender; race and ethnicity; classification as a student with a disability; income quintile, as defined by the Secretary; military or veteran benefit status; status as a first-time student or transfer student from another institution; status as a first generation college student; status as parent or guardian of 1 or more dependent children; and status as a confined or incarcerated individual, as defined under section 484(t)(1)(A). The number and demographics, disaggregated by the categories listed in clause (i), of students who— complete the program; and do not complete the program. The required tuition and fees of the program. The total earnings of students, disaggregated by the categories listed in clause (i), who— complete the program, calculated based on earnings approximately 6 months after completing such program; and do not complete the program, calculated based on earnings approximately 6 months after ceasing enrollment in such program. Outcomes of the students who complete the program, disaggregated by the categories listed in clause (i), with respect to— the median time to completion among such students; the employment rates of such students, measured at approximately 6 months and 1 year, respectively, after completion of the eligible job training program; in the case of a job training program that prepares students for a professional license or certification exam, the share of such students who pass such exams; the share of such students who enroll in a certificate or degree program at the institution of higher education offering the eligible job training program within 1 year of completing such eligible job training program; the share of such students who transfer to another institution of higher education within 1 year of completing the eligible job training program; and the share of such students who complete a subsequent certificate or degree program at any institution of higher education within 6 years of completing the eligible job training program. Notwithstanding any other provision of this paragraph— if disclosure of disaggregated data under subparagraph
(B)is prohibited from disclosure due to applicable privacy restrictions, the Secretary may take such steps as the Secretary determines necessary to provide meaningful disaggregated student demographic or outcome information, including by combining categories; and an institution may submit, and the Secretary may publish, data required to be collected under subparagraph
(B)that is obtained through a State Unemployment Insurance Agency or through other supplemental means, in lieu of any additional data collection, provided that such data are statistically rigorous, accurate, comparable, and representative. Not later than July 1, 2025, the Secretary shall— submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and Labor of the House of Representatives a report on the impact of eligible job training programs for which the Secretary awards job training Federal Pell Grants under this subsection, based on the most recent data collected under subparagraph (B); and make the report described in clause
(i)available publicly on the website of the Department. . Not later than 1 year after date of enactment of this Act, the Secretary shall publish the application for job training programs to submit for approval as eligible job training programs, as defined in subsection (k)(1)(B) of section 401 of the Higher Education Act of 1965 ( 20 U.S.C. 1070a ), as added by paragraph (1). The information required to determine eligibility in such application shall be consistent with the requirements described in such subsection (k)(1)(B). The amendment made by paragraph
(1)shall take effect as if included in section 703 of the FAFSA Simplification Act (title VII of division FF of Public Law 116–260 ). Section 116(i) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3141(i) ) is amended by adding at the end the following: The Secretary of Labor shall coordinate and enter into a data sharing agreement with the Secretary of Education to ensure access to data necessary to implement section 401(k) of the Higher Education Act of 1965 ( 20 U.S.C. 1070a(k) ), as added by section 90305 of the America COMPETES Act of 2022 , that is not otherwise available to the Secretary of Education under section 132(l) of the Higher Education Act of 1965 ( 20 U.S.C. 1015(l) ), as amended by section 90306 of the America COMPETES Act of 2022 , which may include data related to unemployment insurance, wage information, employment-related outcomes, and indicators of performance collected under this section. . Section 496(a)(4) of the Higher Education Act of 1965 ( 20 U.S.C. 1099b(a)(4) ) is amended— in subparagraph (A), by striking and after the semicolon; in subparagraph (B)(ii), by inserting and after the semicolon; and by adding at the end the following: if such agency or association has or seeks to include within its scope of recognition the evaluation of the quality of institutions of higher education participating in the job training Federal Pell Grant program under section 401(k), as added by the section 90305 of the America COMPETES Act of 2022 , such agency or association shall, in addition to meeting the other requirements of this subpart, demonstrate to the Secretary that, with respect to such eligible job training programs (as defined in that subsection)— the agency or association’s standards include a process for determining if the institution has the capability to effectively offer an eligible job training program; and the agency or association requires a demonstration that the program— has identified each recognized postsecondary credential offered in the relevant industry in the State or local area where the industry is located; and provides academic content, an amount of instructional time, and competencies to satisfy any applicable educational requirement for professional licensure or certification, so that a student who completes the program and seeks employment is qualified to take any licensure or certification examination needed to practice or find employment in the sectors or occupations that the program prepares students to enter. .
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